Madras High CourtCRL OP(MD)/85/2015ordered

Vesudevan v. The Inspector Of Police

2015-01-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.85 of 2015 1 VESUDEVAN 2 JANAKI 3 DEVI ..PETITIONERS/ACCUSED 1 to 3 Vs.

STATE REP.BY THE INSPECTOR OF POLICE KALLAL POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.341/2014 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.V.KARUNA Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(i) 379(NH) IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No.341 of 2014 on the file of the respondent police, seek anticipatory bail.

2. It is the case of the prosecution that the accused had attacked the defacto complainant with stick.

3. It is represented by the learned Government Advocate (Crl.Side) that the injured has been discharged from hospital and it is the case of case and counter and counter case is registered in Crime No.342 of 2014.

4. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi, Sivagangai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the second and third petitioners shall report before the respondent police as and when required and the first petitioner shall report before the respondent police at 10.00 a.m for a period of two weeks and thereafter as and when required for interrogation. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned https://hcservices.ecourts.gov.in/hcservices/

Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/- 07/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI, SIVAGANGAI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, KALLAL POLICE STATION, SIVAGANGAI DISTRICT. +1. CC to M/S.V.KARUNA Advocate SR.No.618 ORDER IN CRL OP(MD) No.85 of 2015 Date :07/01/2015 PBK 08/01/2015 ::2P-6C:

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